SETTLEMENT BENEFITS
PART A – DEADLINES TO RETURN THE PARTICIPATION FORM/DELIVERY METHODS
Q9-1. If I choose to settle my claim (Box 2A on the Participation Form), what is the deadline and what do I have to do?
Q9-5 for more information about the Effective Date.) If you do not return the Participation Form, you will still be able to settle your claim in the Settlement Option by completing and submitting the Claim Forms in your Claims Package. There are separate deadlines for Explant, Rupture, Expedited Release and Disease claims.
Q9-2. If I choose to reject settlement and file a lawsuit (Box 2B on the Participation Form), what is the deadline and what do I have to do?
If you check Box 2B on the Participation Form (the white edge), then you must com- plete and return the Participation Form (the white edge) on or before [T.B.D.]. (Read
Section 3 for more information.)
Q9-3. If I choose to withdraw my claim from the bankruptcy case, what do I have to do?
You must send a letter indicating that you wish to withdraw to the Claims Administrator. Remember to include your signature on all correspondence with the Settlement Facility. There is no deadline to withdraw your claim.
By withdrawing you will no longer be eligible to receive settlement benefits or file a lawsuit against any of the released parties.
Q9-4. What are the acceptable methods to mail or deliver my Participation Form to the Settlement Facility?
Mail or deliver the Participation Form to the Settlement Facility using one (1) of the following three (3) delivery methods:
1. Use a delivery service (e.g., Federal Express, Airborne Express, U.P.S., etc.) and make sure that the airbill or invoice clearly lists the date of mailing as on or before [T.B.D.] if you are withdrawing your claim or on or before [T.B.D.] if you are rejecting settlement and intend to file a lawsuit against DCC Litigation Facility, Inc.; OR
2. Mail the Participation Form by United States certified or registered mail as long as the certified or registered mail is postmarked on or before [T.B.D.] if you are withdrawing your claim or on or before [T.B.D.] if you are rejecting settlement and intend to file a lawsuit against DCC Litigation Facility, Inc. Please check with the U.S. Post Office on how to send a certified or registered letter so that it has the correct postmark (for claimants who reside outside of the U.S., the Settlement Facility will rely on the postmark date used by your country’s version of “certified” or “registered” mail); OR
3. If you mail the Participation Form by regular U.S. mail or by using a national mail service in the country in which you reside, then the Participation Form must be received by the Settlement Facility by 5:00 p.m. Central Time on or before [T.B.D.] if you are withdrawing your claim and on or before [T.B.D.] if you are rejecting settlement and intend to file a SECTION 9 – General Deadlines/Delivery Methods/Effective Date/Deadlines to Apply for Settlement Benefits
lawsuit against DCC Litigation Facility, Inc. It is important to mail your Participation Form early enough so that the Settlement Facility receives it on or before the applicable deadline. The postmark date on the envelope will NOT be used by the Settlement Facility if you use regular U.S. mail or a national mail service in a country other than the U.S.
PART B – EFFECTIVE DATE
Q9-5. What is the Effective Date?
The Effective Date — which has not yet occurred — is the date when all precondi- tions listed in the settlement documents (Sections 7.1 and 7.2 of the Amended Joint Plan of Reorganization) have been met. Some of these preconditions include:
1. There is a final order confirming (approving) the Amended Joint Plan of Reorganization of Dow Corning; and
2. All appeals of such confirmation must be completed; and
3. The order confirming the Amended Joint Plan approves and provides for the implementation of various settlement documents such as the Domestic Health Insurer Settlement Agreement.
Once all of the preconditions are met, the Plan Documents will be signed and there will be an “Effective Date.” You will receive a notice in the mail when the Effective Date occurs. Settlement payments can then be made on all approved claims.
PART C – DEADLINES TO APPLY FOR SETTLEMENT PAYMENTS
Q9-6. What is the deadline to submit my Proof of Manufacturer Form and supporting medical records or documents for proof of manufacturer?
You must complete and submit your Proof of Manufacturer Form (the blue edge) and supporting medical records or documents on or before fifteen (15) years after the “Effective Date.” (Read Q9-5 for more information about the Effective Date.) Please note, however, that you can receive payment for Explant, Rupture, and Expedited Release or Disease only after you have first completed and submitted the Proof of Manufacturer Form and medical records or documents.
Q9-7. What is the deadline to submit my $5,000 Explant Payment Claim Form and supporting medical records?
You must complete and submit the $5,000 Explant Payment Claim Form (the yellow edge) and supporting medical records on or before ten (10) years after the Effective Date.
Q9-8. What is the deadline to submit my Expedited Release Payment Claim Form?
You must complete and submit the $2,000 Expedited Release Payment Claim Form (the red edge) on or before three (3) years after the Effective Date.
Q9-9. What is the deadline to submit my $25,000 Rupture Payment Claim Form and supporting medical records?
You must complete and submit the $25,000 Rupture Payment Claim Form (the green edge) and supporting medical records on or before two (2) years after the Effective Date.
Q9-10. What is the deadline to submit my Disease Payment Claim Form and supporting medical records?
You must submit the Disease Payment Claim Form (the red edge) and supporting medical records on or before fifteen (15) years after the Effective Date. (Read the
Disease Claimant Information Guide for more information.)
Q9-11. What are the acceptable methods to mail or deliver my Claim Forms to the Settlement Facility?
Mail or deliver the Claim Forms to the Settlement Facility using one (1) of the following three (3) delivery methods:
1. Use a delivery service (e.g., Federal Express, Airborne Express, U.P.S., etc.) and make sure that the airbill or invoice clearly lists the date of mailing as on or before the deadline; OR
2. Mail the Claim Forms by U.S. certified or registered mail as long as the certified or registered mail is postmarked on or before the deadline. Please check with the U.S. Post Office on how to send a certified or registered letter so that it has the correct postmark (for claimants who reside outside of the U.S., the Settlement Facility will rely on the postmark date used by your country’s version of “certified” or “registered” mail); OR
3. If you mail the Claim Forms by regular U.S. mail or by using a national mail service in the country in which you reside, then the Claim Forms must be received by the Settlement Facility by 5:00 p.m. Central Time on or before the deadline. It is important to mail your Claim Forms early enough so that the Settlement Facility receives them on or before the deadline for that settlement benefit. The postmark date on the envelope will NOT be used by the Settlement Facility if you use regular U.S. mail or a national mail service in a country other than the U.S.
Q9-12. What if a deadline falls on a Saturday, Sunday or federal holiday?
If a deadline falls on a Saturday, Sunday or federal holiday, the deadline is the next business day.
Q9-13. What are the deadlines to correct problems on my claim submission?
If there is a problem with your claim, the Settlement Facility will inform you of the problem in writing. Depending on the type of claim you submitted, the deadline to correct the problem will differ. Review the chart below. If you do not correct the problem within the time frame allowed, then your claim will be denied, and you will not be able to recover payment for that Settlement Option. If you do not correct any problems with your disease claim within the time allowed, then you will be limited in the future to applying for a new compensable condition that manifests after the con- clusion of the one (1) year period to cure the deficiency.
Q9-14. If I move and forget to notify the Settlement Facility in writing, my Notification of Status letter might take days or weeks to be forwarded to my new address. Will any of the time periods and deadlines be extended because of this?
No, unless your move occurred close in time to the date of the Notification of Status letter in which case the Claims Administrator will review and make individual case determinations. It is your responsibility to notify the Settlement Facility of any address change.
Q9-15. I moved and did not notify the Bankruptcy Court or Settlement Facility of my new address and I missed the deadline to file the Participation Form to elect to withdraw or litigate. Can I file it now?
No. You have an affirmative obligation to update your address with the Settlement Facility and the Bankruptcy Court.